faircontracts
In Vermont, the mini-FTC act is Vt. Stat. Ann. tit. 9, §§2451 through 2480n (Consumer Fraud Act). Under this legislation, plaintiffs have a cause of action when businesses engage in unfair or deceptive acts or practices, as defined by the Federal Trade Commission Act. To sustain an action for damages, the plaintiff must show actual…
Read MoreIn Utah, the mini-FTC act is Utah Code Title 13, Chapter11 (Utah Consumer Sales Practices Act) and Utah Code Title 13, Chapter 11-a (Truth in Advertising). Under this legislation, plaintiffs have a cause of action when a supplier knowingly or intentionally engages in “deceptive and unconscionable sales practices” or “deceptive, misleading, and false advertising practices.” …
Read MoreIn Texas, the mini-FTC act is Texas Business & Commerce Code §§ 17.41 et seq. Under this legislation, plaintiffs have a cause of action when an individual conducting trade or commerce 1) engages in a false, misleading, or deceptive act or practice; 2) breaches an express or implied warranty; 3) engages in an unconscionable action…
Read MoreIn Tennessee, the mini-FTC act is called the Tennessee Consumer Protection Act, or T.C.A. § 47-18-101 et seq. Under this legislation, plaintiffs have a cause of action when any legal or commercial entity employs any “unfair or deceptive act or practice,” or employs one of many specifically defined unfair practices listed in the statute. To…
Read MoreIn South Dakota, the mini-FTC act is SDCL § 37-24. Under this legislation, plaintiffs have a cause of action when any legal entity “knowingly and intentionally employs any deceptive act or practice,” omits a material fact during a sale of merchandise to a consumer, or employs one of many specifically defined unfair practices listed in…
Read MoreIn South Carolina, the mini-FTC act is called the South Carolina Unfair Trade Practices Act, or SC ST §§ 39-5-10 et seq. Under this legislation, plaintiffs have a cause of action when any legal entity employs an “unfair method of competition” or “unfair or deceptive act or practice.” To sustain an action, the plaintiff must…
Read MoreIn Rhode Island, the mini-FTC act is R.I. Gen. Laws §§6-13.1-1 through 6-13.1-28. Under this legislation, plaintiffs have a cause of action when a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity engages in “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any…
Read MoreIn Pennsylvania, the mini-FTC act is 73 P.S. §§ 201-1 – 201-9.3. Under this legislation, plaintiffs have a cause of action when a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity engages in prohibited “unfair methods of competition” or “unfair or deceptive acts or practices,” which are defined in §…
Read MoreIn Oregon, the mini-FTC act is Or. Rev. Stat. §§ 646.605 – 646.656. Under this legislation, plaintiffs have a cause of action when persons employ any unconscionable tactics or deceptive conduct. To sustain an action, the plaintiff must not show actual harm due to the defendant’s conduct. There is a statute of limitations for actions under…
Read MoreIn Oklahoma, the mini-FTC act is Okla. Stat. tit. 15, §§ 751 – 763; Okla. Stat. tit. 78, §§51 – 55. Under this legislation, plaintiffs have a cause of action when persons commit unfair and unconscionable acts and deceptive acts. To sustain an action, the plaintiff must not show actual harm due to the defendant’s…
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